The measure came into effect on January 1. At the age of 17, young drivers can obtain a license and drive a car without the presence of an adult.
If the exam will be identical to that of adult drivers in training and the license issued will also be a trial one, some legal issues do not seem to be resolved with the publication of the decree that regulates the license at 17 years of age. Especially in the case of the most serious accidents.
Before what criminal jurisdiction?
“This decree only modifies the age from 18 to 17 years,” warns traffic lawyer Olivier Descamps, who asks: “From a criminal procedural point of view, how will this happen? In case of traffic violations (driving without a license, injuries or homicide, use of narcotics for example), to which jurisdiction will these minors be sent?”
Logically, being under 18 years of age, these young drivers should be tried in juvenile courts. However, “this requires a particular procedure: no publicity of the process, penalties reduced by half if the excuse of minority is accepted, although it is not automatic between 16 and 18 years of age”, emphasizes Vincent Julé-Parade, lawyer specialized in personal matters. Injury law and defense of road victims.
While minors can already commit serious infractions, such as driving without a permit, road law is far from common practice for juvenile judges, lawyers have warned since the spring and the announcement of the license at 17 by Prime Minister Elisabeth. Born.
“There will be an influx of infringements and new litigation,” Rémi Josseaume, also a lawyer specializing in road law, summarized in the spring for BFMTV.
“We are creating a minority right of access to the vehicle, we must create a legal space that corresponds to it,” summarizes Philippe Maso and Guell Rivet, general director of Ornikar. This online driving school has the particularity of also offering car insurance to young drivers (see table below).
What responsibility?
Another question from advocates: what about repairs in the event of a serious accident? “For example, in case of loss of warranty [quand l’assurance ne couvre pas les frais, à cause de circonstances aggravantes, NDLR]Given that the accident occurred while intoxicated or under the influence of drugs, the principle of classic civil liability will apply, Descamps continues. Since the young driver is a minor, the civil liability of the parents will apply. They will have to pay for their entire lives.” A parental responsibility that plays a mechanical role here, the child being a minor.
“Insurers have a fundamental role to play in the case of the 17-year-old license,” adds Me Julé-Parade, concerned that insurance premiums are even higher than those of 18-year-old drivers.
The latter are perfecting their offerings, although many young people who do not have a car should register as occasional drivers in their parents’ vehicle. An average of two years elapse between obtaining the permit and the first car, recall Philippe Mazo and Güell Rivet.
Driving and insurance school.
Known for its online driving school activity, Ornikar also offers car insurance. The company is working on a specific offer for young drivers aged 17 and up. Therefore, this could depend on the driver’s learning process to offer less expensive insurance. “We can imagine, through an application, monitoring the driver’s driving and giving him advice to improve,” explains Philippe Maso and Guell Rivet, general director of Ornikar, which advocates better post-license assistance for young drivers.
Source: BFM TV
